BOARD DATE:	  5 October 2010

		DOCKET NUMBER:  AR20100011830 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests a change to his reentry eligibility (RE) code.

2.  The applicant states he was discharged medically and received an RE-3 code based on the medical conditions of asthma and gastroesophageal reflux disease (GERD).  He claims he suffers from GERD, but it is not serious enough to prevent his enlistment and he does not suffer from asthma.  He states he has tried to reenter every branch of service for the past 4 years and has been unsuccessful.

3.  The applicant provides the following documents in support of his application:

* spirometry report [asthma test]
* individual copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty)
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's record shows he enlisted in the Army National Guard (ARNG) on 28 December 2004 and entered active duty to attend initial active duty for training on 1 June 2005.

3.  On 20 July 2005, the applicant was released from active duty after completing 1 month and 20 days of active military service.  A separation packet containing the specific facts and circumstances surrounding the applicant's separation processing is not contained in the record.  The record contains the member's copy of his DD Form 214 that does not include the authority and reason for separation.  It also contains a properly-constituted NGB Form 22 that does identify the authority and reason for the applicant's discharge.

4.  The NGB Form 22 in his record shows that the applicant was discharged from the ARNG under the provisions of paragraph 8-23b(3), National Guard Regulation 600-200 (Enlisted Personnel Management), by reason of failure to meet medical procurement standards on 20 July 2005.  It further shows his service was "uncharacterized" and that based on the authority and reason for discharge, he was assigned an RE-3 code.

5.  The applicant provides his individual copy of his DD Form 214.  This document does not contain the authority and reason for discharge or the assigned separation program designator code or RE code.

6.  The applicant provides a medical report, dated 5 May 2010, showing a normal spirometry.

7.  The record fails to show the applicant applied to the State Adjutant General or the Army Discharge Review Board requesting a change to the authority and reason for his discharge.

8.  National Guard Regulation 600-200 establishes the standards, policies, and procedures for the management of ARNG enlisted Soldiers.  Table 8-1 contains guidance on RE codes.  It states RE-3 will be assigned when a member is not fully qualified for reentry or continuous service at the time of separation, but disqualification is waivable.

9.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment.  It states that recruiting personnel have the responsibility for initially determining whether an individual meets current enlistment criteria.  They are required to process a request for waiver under the provisions of chapter 4, Army Regulation 601-210.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his RE code should be changed because he does not suffer from asthma and, therefore, is medically qualified for enlistment has been carefully considered.  However, the evidence is not sufficient to support this claim.

2.  The applicant's record is void of a separation packet containing the specific facts and circumstances surrounding his discharge processing.  However, it does contain a properly-constituted NGB Form 22 that confirms he was separated by reason of failure to meet medical procurement standards and that based on the authority and reason for his discharge, he was appropriately assigned an RE-3 code.

3.  The applicant provides a medical report, dated 5 May 2010, showing a normal spirometry.  He claims this report confirms he does not suffer from asthma.  However, this report does not support a change to the medical evaluations and examinations completed by military medical personnel at the time of his discharge that showed he did not meet medical procurement standards.

4.  The applicant is advised that the RE code is simply an administrative code assigned based on the authority and reason for discharge and a change to this code alone would not automatically result in being medically cleared for enlistment/reenlistment.

5.  Notwithstanding the medical report provided by the applicant, medical clearance for entry into military service is based solely on the results of entrance physical examinations conducted by proper medical authorities and is not an administrative action dictated by an RE code assignment.  Although the applicant was properly issued an RE-3 code, there are regulatory provisions that allow him to apply for a waiver to enlist/reenlist.  Therefore, if he would like to reenter military service, he should consult with recruiting officials who are required to submit RE code waivers.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ____x___  ___x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      __________x_______________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20100011830



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ABCMR Record of Proceedings (cont)                                         AR20100011830



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